Claim for Retroactive Temporary Promotion and Backpay

A civilian employee of the Navy appealed the denial of his claim for a retroactive temporary promotion and backpay. The record showed that the employee was employed by the Navy at the Philadelphia Naval Shipyard as a policeman. Following an injury, the employee was detailed to a detective unit for a period of 8 months. The employee subsequently claimed entitlement to backpay and a retroactive temporary promotion for the period of the detail in excess of 120 days on the basis that he was detailed to a higher-grade position and the agency failed to seek Civil Service Commission (CSC) approval to extend the detail for a period beyond 120 days. The agency, however, denied the employee's request after CSC found that no detail had occurred since the duties the employee had performed in the detective unit were within his position description. The Claims Division also denied the claim on the basis that the employee failed to provide any evidence to show that he was in fact detailed to a higher-grade position. GAO held that the burden is on the employee to establish the liability of the United States and the employee's right to payment. Since the employee has not provided any evidence of official recognition of assignment to a detail and performance of the full range of higher-grade duties during the time period in question, GAO held that the employee has not met his burden of establishing the liability of the United States and his right of payment. Accordingly, the previous denial of the employee's claim for retroactive promotion and backpay was sustained.